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Best Practices for Hiring and Retaining Wounded Warriors and Caregivers presented by Paralyzed Veterans of America. Disability Employment Experts. Susan Prokop Associate Advocacy Director Paralyzed Veterans of America. David Galbo Associate Director of Architecture - PowerPoint PPT Presentation
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Best Practices for Hiring and Retaining Wounded Warriors and Caregivers
presented by
Paralyzed Veterans of America
2
Disability Employment Experts
David GalboAssociate Director of ArchitectureParalyzed Veterans of America
Susan ProkopAssociate Advocacy DirectorParalyzed Veterans of America
Shelly EdwardsAssociate Director Operation PAVEParalyzed Veterans of America
Disability Awareness
Veterans & Disability: The Numbers
22 Million US Veterans 56 Million Disabled Americans
3.2 Million Disabled US Veterans
Disability Awareness
Unemployment & Labor Force Participation Rates for Gulf War era II Veterans
Source: Department of Labor, Bureau of Labor Statistics, Employment Situation of Veterans Summary. Released March 20, 2014. http://www.bls.gov/news.release/vet.nr0.htm
Disabled VeteransNon-Disabled Veterans
Caregivers – Unique Issues and Challenges
9% of U.S. adults are caregivers16.9 Mcivilian caregivers4.4 M pre-9/11 military caregivers1.1 M post-9/11 military caregivers
Source: National survey of caregivers of adults in the U.S. with findings presented in Ramchand R, Tanielian T. et al., Hidden Heroes: America’s Military Caregivers. RAND Corporation, 2013 (available at www.rand.org/military-caregivers)
Caregivers are often “invisible” in the workplace Caregivers must strategize around the critical and
unpredictable needs of their loved ones
Disability Awareness
Military veterans and military caregivers come from a culture that intensely values loyalty… turn that quality in an asset for your firm-and increase workforce retention
Accessibility, accommodation and flexibility are desirable employer traits for ALL prospective employees – not just those with disabilities
Demonstrating your corporate commitment to making a difference in the lives of veterans with disabilities and their caregivers is good for business
Disability Compliance Is The Law - But Also An Asset
Win-Win Scenarios
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ADA In GeneralTitle I : Employment
Title II : State and Local Government Services and Public Transportation
Title III : Public Accommodations and Commercial Facilities
Title IV : Telecommunications
Title V : Retaliation, Technical Assistance, and Miscellaneous Provisions
Americans with Disabilities ActThe Basics
The ADA has 5 different Sections called “Titles”
We are focused on Title I: EmploymentTitle I of the Americans with Disabilities Act (ADA) of 1990 prohibits covered entities from discriminating against covered individuals in
all covered employment practices
Requirements & Incentives
For Federal Contractors Section 503- recruitment &hiring people with disabilities VEVRAA- Recruitment & Hiring Veterans [including veterans with
disabilities] OFCCP Resources
For Federal Agencies Section 501 Recruiting & Hiring Obligations Schedule A Hiring Authority
Business Deductions Disabled Access Credit Architectural Barrier Removal Tax Deduction Work Opportunity Tax Credit
Special Hiring Authorities and Tax Benefits
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Reasonable AccommodationsThe Basics
Reasonable Accommodations fall into 3 categories
Modifications or adjustments to a job application process that enable a qualified individual with a disability to be considered for the position
Modifications or adjustments to the work environment or circumstances under which the position held that enable a qualified individual with a disability to perform the essential functions of that position
Modifications or adjustments that enable a covered individual to enjoy equal benefits and privileges of a covered entity’s similarly situated employees without disabilities
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Reasonable AccommodationsEmployer Responsibilities
Pre-employment self-identification: This applies to Federal contractors and subcontractors covered by the Affirmative Action Requirements of the Rehabilitation Act of 1973 and the VEVRAA
Post-employment requests: This occurs when an employee with a disability makes a request for an accommodation after they have been hired.
Exceptions exist: Undue hardship and accommodations that would drastically change the nature of a job are both examples of lawful limitations to providing accommodations
An employer is required to provide Reasonable Accommodations to individuals with known disabilities.
Individuals can identify their disabilities through:
1111
Community Resources
Job Accommodation Network: www.askjan.org
Centers for Independent Living: www.ncil.org
Protection & Advocacy Programs for people with disabilities
Rehabilitation Engineering and Assistive Technology Society of North America (RESNA) and ADA Centers
A number of resources are available to help employers understand how to provide Reasonable
Accommodations
Federal Programs
A number of federal programs are designed to help you hire and retain employees with disabilities
Existing Programs Lifespan Respite Programs Family and Medical Leave Act (FMLA) Veterans Employment Opportunity Act
Proposed Legislation Social Security Caregiver Act Military & Veteran Caregiver Services Improvement Act Work Opportunity Tax Credit Extension
What is Accessible?
Able to be reached or approached Able to be used or obtained Easy to appreciate or understand
“Accessibility is not just about providing access for people with disabilities,
It’s about providing access to people with disabilities.”
-Noelle Richardson, Chief Diversity OfficerMinistry of the Attorney General, Ontario, Canada
Accessible Means…
Required Since1980 in State and Local Building Codes1992 by the Americans with Disabilities Act (ADA)
Public & Commercial FacilitiesOffices, Health Care Centers, Schools, Hospitality, Food Service, Retail Stores
Accessible Buildings & Facilities IncludeParking Lots, Sidewalks, Entrances, Stairs &Elevators, Doorways, Restrooms, Rooms & Spaces, Communication Elements, etc.
Workplace Accommodations IncludeOffices & Shared Workspaces, Conference Rooms, Stairs & Elevators, Restrooms, Break Rooms, Cafeterias
Accessible Buildings & Facilities
Workplace Accessibility
Accommodations May Include Accessible Building Features Adaptations Help or Assistance Assistive Technology
Best Practices Use a team approach that includes elements of: Human Resource Information Technology Facilities and Operations- Management
Reasonable Accommodations Allow Employees to Be More Productive
Benefits of Accommodations
Job Accommodations Network (JAN), US Dept. of Labor StudyLow Cost- High Impact, employers in the study reported that a high percentage (58%) of accommodations cost absolutely nothing to make, while the rest typically cost only $500
Further Findings 90% Retained a Valued Employee 71% Increased Employee’s Productivity 61% Saved Cost of Training New Employee 64% Improved Co-worker Interactions 30% Increased Profitability 17% Increased Customer Base
For each $1 spent on accommodations, employers save $10 in benefits
Source: Sept. 2013 Job Accommodation Network Study ‘Workplace Accommodations: Low Cost, High Impact’ by Dr. Beth Loy
Corporate Benefits
Ways Employers Benefit from Accommodations
Majority of disabled Post 9/11 Veterans don’t work
You can see all disabilities
Veterans are less educated than non-Veterans
Common Misperceptions
Myths FactsMost disabled veterans of working age (18 to 65) are employed—but their labor force participation rate is lower than that of their nondisabled counterparts.
Invisible wounds (i.e., PTSD, TBI) are increasingly more common
On average, veterans are more educated than the civilian workforce, and also bring unique training, experience and skills from their military careers
Interviewing Veterans
Making the Most of the Interview Process
Interview a veteran (and a caregiver) like you would a civilian candidate – ask about their experiences and achievements that matter most to the specific position
Don’t ask questions about a veteran’s type of discharge, current military status or potential disabilities
Describe the veteran (and caregiver) friendly policies and programs in your company (i.e., veteran affinity groups, veteran mentors, flexible work arrangements, access to referrals and resources, etc.)
Military veterans and military caregivers come from a culture that intensely values loyalty… turn that quality in an asset for your firm-and increase workforce retention
Accessibility, accommodation and flexibility are desirable employer traits for ALL prospective employees – not just those with disabilities
Demonstrating your corporate commitment to making a difference in the lives of veterans with disabilities and their caregivers is good for business
Disability Compliance Is The Law - But Also An Asset
Seeking Win-Win Scenarios
20
Questions?
David GalboAssociate Director of [email protected]
Susan ProkopAssociate Advocacy [email protected]
Shelly EdwardsAssociate Director Operation [email protected]
Additional Information and Resources
Veteran Distribution
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Employers: An organization with 15+ paid employees for each working day in 20+ calendar weeks in a calendar year
Employment Agencies: A company which matched the needs of an employer to a worker having the required skill set
Labor Organizations: An organization with 15+ members existing for the purpose of dealing with employers concerning terms and conditions of employment
Joint Labor-Management Committees: An entity that controls apprenticeship or other training or retraining programs, including on-the-job training programs.
Americans with Disabilities ActTitle I Covered Entities
Covered entities are groups that must comply with the law, and include the following:
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Americans with Disabilities ActCovered Individuals
Covered individuals are qualified individuals with disabilities and include the following:
A person with a physical or mental impairment that substantially limits one or more major life activities: Epilepsy, paralysis, HIV infection, AIDS, a substantial hearing/visual impairment, mental retardation, specific learning disabilities, etc.
A person who has a record of such an impairment: Individuals who have recovered from cancer or a mental illness
A person who is regarded as having such an impairment: Individuals with severe physical disfigurements
Persons with a known association with an individual with a disability: A person who has a spouse or family member with a disability, or a person who interacts with disabled persons through volunteer/charity work
Americans with Disabilities ActCovered Employment Practices
Discrimination is prohibited in all covered practices and activities which includes the following:
All employment-related activities:
All terms, conditions, and privileges of employment:
27
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Americans with Disabilities ActLimitations of Drug/Alcohol Use
Are individuals who currently use illegal drugs covered by the ADA? No. Individuals who currently engage in the illegal use of drugs
are specifically excluded from the definition of a "qualified individual with a disability" protected by the ADA
Is it legal to test individuals for the illegal drug use under the ADA?
Yes. A test for the illegal use of drugs is not considered a medical examination under the ADA, so employers may conduct drug tests and make employment decisions based on the results
Are alcoholics covered by the ADA? Yes. An alcoholic is protected by the ADA if they are qualified to
perform the essential functions of the job. However, an employer can discipline or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct
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Americans with Disabilities ActDisability Discrimination
Across all terms, conditions, and privileges of employment Across all employment related activities Through harassment so frequent/severe that it creates a hostile
work environment or results in an adverse employment decision If an employer fails to provide Reasonable Accommodation to an
individual
Disability discrimination occurs when an ADA covered entity treats an ADA covered individual unfavorably because of said individual’s disability.
Disability discrimination can occur in the following situations:
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Accommodation ProcessProcess Overview
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Accommodation ProcessProcess Overview
Points to RememberReasonable Accommodations must be based on the particular facts of each caseIn each case, they employer must aim to provide the opportunity for individuals both with and without disabilities to achieve equal levels of performanceAn individual with a disability may request a Reasonable Accommodation at any time during the application process or during the period of employment.To request accommodation, an individual may use "plain English" and need not mention the ADA or the phrase “Reasonable Accommodation”
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Accommodation ProcessProcess Overview
Points to RememberThe employer may ask the individual relevant questions that will enable the employer to make an informed decision about the requestThe employer and the individual should engage in an interactive process as quickly as possible once the employee requests a Reasonable Accommodation
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Accommodation ProcessProcess Overview
Points to RememberThe disability and/or the type of accommodation required may be obvious, and thus there may be little or no need to engage in any discussionThe disability and/or the need for accommodation may not be obvious, so the employer may need to ask questions concerning the nature of the disabilityThe employer may ask the individual for reasonable documentation about his/her disability and functional limitationsAll medical information collected must remain confidential during this process, regardless of where the information comes from
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Accommodation ProcessProcess Overview
Points to RememberThe individual may suggest the employer provides specific types of Reasonable Accommodations The employer may offer alternative suggestions for Reasonable Accommodations if certain ones would incur undue hardshipsIf there are two possible reasonable accommodations and one is more burdensome than the other, the employer may choose the less burdensome as long as it is effectiveIf there are two or more effective accommodations, the employer may choose the one that is easier to provide
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Accommodation ProcessProcess Overview
Points to RememberAn employer should respond expeditiously to a request for Reasonable AccommodationThe employer should act promptly to provide the Reasonable AccommodationUnnecessary delays can result in a violation of the ADA
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Accommodation ProcessImportant Points to Remember
May someone other than the individual with a disability request a Reasonable Accommodation on behalf of the individual?
Yes. A family member, friend, health professional, or other representative may request a Reasonable Accommodation on behalf of an individual with a disability
Do requests for Reasonable Accommodation need to be in writing?
No. Individuals may request accommodations in conversation or may use any other mode of communication
May an employer ask an individual for documentation when the individual requests Reasonable Accommodation?
Yes. The employer is entitled to know that the individual has a covered disability and may ask the individual for documentation if the disability is not obvious
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Accommodation ProcessImportant Points to Remember
Rules and their enforcement must meet the following criteria:
Evenly Applied Consistently Apply Consistent Standards Job-related Consistent with business necessity Non-Discriminatory
However, employers do not have to reduce quantity or quality expectations as a result of Reasonable Accommodations:
Forgiving past misconduct is generally not a Reasonable Accommodation for unknown disabilities
Tolerating abusive or violent behaviors is not required Employers should examine whether Reasonable
Accommodations will aid compliance in the future
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Accommodation ProcessImportant Points to Remember
Final tips for employers who are hiring individuals under the ADA:
Avoid harassment and reverse discrimination: Coworker or supervisor resentment toward accommodated workers is not uncommon
Avoid retaliation: Do not place someone under a microscope after they disclose a disability.
Reassess pre-employment tests: Are they related directly to the to the essential functions of a job?
Eliminate rigid leave policies: Remember to treat all requests on a case-by-case basis
Review centralized decision-making processes: Take personality conflicts out of the accommodation process
Be creative and flexible: Engage the individual throughout the accommodation process
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Accommodation ProcessThe Benefits
By providing Reasonable Accommodations, employers will realize the following interpersonal benefits:
Increased employee and company productivity Improved interactions between employee and coworkers Increased company morale
By providing Reasonable Accommodations, employers will realize the following quantitative benefits:
58% of Reasonable Accommodations have no associated cost, and 36% have a one-time associated cost averaging $500
76% of individuals with disabilities claim Reasonable Accommodations are “very effective” or “extremely effective”
For each $1 spent on accommodations, employees save $10 in benefits
Example Accommodations
• Reduce distractions in the work area• Provide space enclosures or a private office• Allow for use of white noise or environmental sound
machines• Allow the employee to play soothing music using a cassette
player and headset• Increase natural lighting or provide full spectrum lighting• Reduce clutter in the employee’s work environment• Plan for uninterrupted work time• Divide large assignments into smaller tasks and steps• Restructure job to include only essential functions
Example Accommodations
• Make daily TO-DO lists and check items off as they are completed
• Use several calendars to mark meetings and deadlines• Remind employee of important deadlines via memos or e-mail
or weekly supervision• Use a watch or pager with timer capability• Use electronic organizers • Divide large assignments into smaller tasks and steps• Assign a mentor to assist employee in determining goals and
provide daily guidance• Schedule weekly meetings with supervisor, manager, or mentor
to determine if goals are being met
Example Accommodations
• Allow the employee to tape record meetings• Provide type written minutes of each meeting• Use notebooks, calendars, or sticky notes to record information
for easy retrieval• Provide written as well as verbal instructions• Allow additional training time• Provide written checklists and use color-coding to help identify
items• Post instructions close to frequently used equipment
• Permit flexible scheduling, teleworking, allow longer or more frequent work breaks, tele-health appointments
• Provide additional time to learn new responsibilities • Provide self-paced workload• Provide backup coverage for when the employee needs to take
breaks• Allow for time off for counseling • Allow for use of supportive employment and job coaches • Allow employee to work from home during part of the day • Provide for job sharing opportunities • Allow part-time work schedules
Example Accommodations